February 19, 2021 Volume 12, Issue 6

Election Law Changes Continue to Dominate Legislative Discourse

As the General Assembly hits the halfway point of the 2021 legislative session, election revisions remain the primary focus of state lawmakers with more than 70 election bills introduced thus far. The vast majority of these bills have not advanced, a few have passed out of committee, none have crossed over, and now the focus has seemingly shifted toward omnibus legislation with the House debating House Bill 531 and the Senate leadership pledging to introduce a comprehensive bill in the coming days.

Chairman Barry Fleming Introduces Omnibus Election Legislation in House On Monday, Rep. Barry Fleming, chairman of the House Special Committee on Election Integrity, will introduce House Bill 531, the House’s omnibus election legislation of the 2021 legislative session. The ACCG policy team has not had an opportunity to analyze the entire bill; however, it does include five of the association’s election priorities for the session: Allow county flexibility in reducing the 1/250 voting machine mandate in certain elections Authorize poll workers to serve in an adjoining county from where they live or are employed Change the absentee ballot application receival deadline Allow counties to begin processing and scanning absentee ballots earlier Authorize counties to employ absentee ballot drop boxes The legislation also covers a host of other election issues on which ACCG has not yet taken a position, including requiring ID with absentee ballot applications; requiring uniformity in voting times statewide; changing primary and runoff procedures; revising voting machine inspection procedures; requiring more poll worker training; measures to reduce long voting lines; changing poll watcher procedures; prohibiting private money from funding elections; setting limits on mobile voting units; altering election certification dates; and more.  For ACCG’s 2021 Election Priorities, please click here.   The first committee hearing on HB 531, which provides a detailed overview of the bill, can be viewed here.

This Week's Bills Click on "This Week's Bills" to review the bills included in this week's Legislative Update. Legislative Tracking Database Access the Legislative Tracking Database for a compilation of all bills ACCG is following.  Sign Up to Receive Legislative Updates

Progressing Election Bills The below bills passed out of the Senate Ethics Committee on Thursday that will impact county elections, including: SB 40 - requires local election offices to begin processing and scanning (not tabulating) absentee ballots on the second Monday prior to an election SB 89 - establishes a new state position to provide training and assistance to underperforming county election superintendents, but also authorizes the State Election Board to remove superintendents SB 184 - establishes new deadlines for when local boards of registrars must enter voting information into the statewide voter registration system and provides for fines for failure to do so SB 188 - sets more stringent requirements for reporting election results. As these bills progress, ACCG strongly encourages county commissioners to talk to their election superintendent to gauge the impacts they may have on their election system. Please share any concerns you may have with your Senators immediately.  New Election Bills Also impacting county election administration are several new House bills: HB 493 - authorizes the State Election Board to conduct a disciplinary hearing (under a process already in state law) that could result in temporarily asserting direct control over local election administration HB 501 - authorizes three voters to petition for a hand recount of ballots for a precinct or precincts in certain elections HB 506 - eliminates the requirement for voting equipment that is uniform statewide and requires counties to pay for new voting machines going forward Please contact your Representatives with any concerns your county may have with these House bills.

Election Fraud Penalties Could Increase Sen. Jeff Mullis introduced Senate Bill 176 which seeks to increase current voter fraud penalties by providing for a prison sentence for not less than 10 years nor more than 25 years, or a fine not to exceed $100,000, or both. It adds to the list of offenses any person who knowingly and willfully, and without authorization, tampers with, alters, destroys, modifies, or falsifies election returns through electronic transmission.

More from the Gold Dome

Public Hearings via Teleconference on the House Floor Monday House Bill 98 by Rep. Eddie Lumsden passed out of committee and is set to be on the House floor on Monday. This bill, part of ACCG’s 2021 Policy Agenda, authorizes local governments to hold public hearings via teleconference during declared emergencies. Please contact your House members and urge their favorable consideration.

Another Bill Introduced Increasing Log Truck Weight Limits House Bill 496, introduced this week by Rep. James Burchett, allows vehicles hauling forest products to reach a total gross weight of up to 95,000 pounds. ACCG opposes HB 496 as well as Senate Bill 118 which increases log truck weight limits up to 100,000 lbs. Please contact members of the House Transportation Committee and the Senate Transportation Committee if you have concerns.

Governor Kemp Files Dedication of Trust Funds Legislation House Bill 511, proposed by Governor Kemp and sponsored by Rep. Bert Reeves, dedicates nine trust funds, including the Hazardous Waste Trust Fund and the Solid Waste Trust Fund. This issue is an ACCG Policy Agenda item, and the association has long advocated that the two environmental trusts funds be dedicated as more than 60% of the fees collected have been redirected to the state's General Fund. Click here to view the summary of ACCG’ support of dedicating fees for their intended purpose.

Lodging Facilitator Bill Approved in Committee An ACCG Policy Agenda item, House Bill 317 received a unanimous “do pass” vote in the House Ways & Means Committee on Thursday. Known as the “Lodging Facilitator” bill, HB 317 requires online short-term rental (“STR”) platforms such as Airbnb and VRBO to collect and remit county and city hotel/motel taxes. This bill would enhance collection of these taxes that are already owed, remove this administrative burden from STR owners, and create parity with traditional hotels and motels. HB 317 is now pending in the House Rules Committee, where it is eligible to be called up for a vote by the full House. Please contact your Representatives to encourage them to support the Lodging Facilitator bill.

Legislation Proposes to Prohibit Locals from Reducing Police Budgets House Bill 286 proposes to prohibit local governments from reducing police budgets more than 5% passed the House Governmental Affairs Committee. This legislation does not impact the office of sheriff, only county police departments. At the request of the Georgia Municipal Association, the bill's author made concessions with language regarding capital expenditures and small departments. ACCG opposes this legislation due the erosion of home rule. The bill would further restrict how counties utilize general fund budgets.

Proposal to Remove 35% Petition Requirement for Package Sales Advances House Bill 273, by Rep. Mandi Ballinger, passed out of the House Regulated Industries Committee this week. This legislation, which ACCG supports, authorizes local governments to opt out of the requirement of having 35% of registered voters sign a petition in order to authorize the package sale of distilled spirits in their communities. Instead, a county could simply pass a resolution then submit the proposal to voters to decide via a local referendum.

Bill Allowing Counties Options on Public Works Contracts Introduced Rep. Victor Anderson introduced House Bill 435, allowing counties more options in securing public works contracts. Current law requires all local government public works construction contracts valued at more than $100,000 to go out for public bid. This bill gives counties an option to instead secure such contracts from those competitively procured by the state or through a cooperative purchasing organization. ACCG supports this legislation.

Juvenile Justice Bill Increasing Jurisdiction Passes Committee House Bill 272 sponsored by Rep. Mandi Ballinger, chair of the Juvenile Justice Committee, passed out of committee this week. This bill raises the age for jurisdiction in Juvenile Court from age 17 to age 18. This will result in a larger caseload for juvenile court and expand the number of youth eligible for CHINS services. There were no additional state resources identified for the cost of administration or programs for youth. The language was added in the committee substitute to establish a 10-member implementation committee that includes:  Chairperson of the House Juvenile Justice Committee to serve as the chair President of the Council of Juvenile Court Judges Director of the Council of Juvenile Court Clerks President of the Sheriff's Association Commissioner of the Department of Juvenile Justice Executive Director of Prosecuting Attorneys Council Executive Director of the Public Defender Council Executive Director of the Administrative Office of the Courts President of the Council of Court Administrators Director of the Office of Planning and Budget All juvenile courts' operational costs are paid from the county general fund except for a grant-to-counties for a portion of the juvenile court judge's salary.

Stay Connected and Engaged!

Watch the Virtual Legislative Update Via Zoom ACCG would like to remind county officials that it has transitioned the Facebook Live Legislative Update to the Virtual Legislative Update now hosted via Zoom. Click here to watch the recap of today's live event. The Virtual Legislative Update will take place every Friday at 9:00 a.m. Those interested in joining the conversation each week can do so by accessing this link.

Policy Communication Tools Don't forget about the various communications tools that will help keep you informed and engaged. Click here to read all about them!

ACCG News

News You Can Use - Articles Related to ACCG Policy Issues Articles covering some of ACCG's major policy issues are found here. Click the hyperlinked title to begin reading.  Georgia Bill Aims to Block Defunding the Police FOX 5 Atlanta- February 17, 2021 Georgia Senators Advance Bill to End At-Will Absentee Voting, Require ID Atlanta Journal-Constitution- February 17, 2021 Republicans in Georgia Senate Begin Moving Bills That Would Revamp Election Process WABE (NPR Atlanta)- February 17, 2021 Kemp Files 'Truth in Fees' Bill to End Diversion of Levies Atlanta Journal-Constitution- February 17, 2021 Bill to Block Defunding Police Advances in Georgia State House Gwinnett Daily Post - February 16, 2021

Questions? Email the ACCG Legislative team: Clint Mueller Todd Edwards Kathleen Bowen Debra Nesbit Larry Ramsey

ACCG is YOUR county association. We are here to advance all 159 Georgia county governments. Please feel free to contact a member of the policy team if they can assist in any way.

Visit www.accg.org for more legislative news.